Mills County District Court, Texas Document Filing Requirements

CRITICAL

Applies to

Virtual appearance request

Parties must appear in person unless the court grants a virtual-appearance request; in exigent circumstances, the attorney must file a motion/order at least 3 days before the hearing or as soon as the emergency need becomes known.

Parties must appear in person. If there are exigent circumstances and an attorney is requesting that a party appear virtually, they must file a motion/order for virtual appearance no less than 3 days prior to the hearing, or as soon as the emergency need becomes known. These requests will be considered on a case-by-case basis and unless granted by the Court, please have your client present in person.

CRITICAL

Applies to

Virtual appearance request

The court may accommodate out-of-town or professional witnesses when practicable, but a party seeking a witness’s virtual appearance must file a motion and order at least 3 days before the setting; absent a signed order, in-person presence should be anticipated.

Witnesses: The Court will accommodate out-of-town and/or professional witnesses when practicable. If a party knows of a request for a witness to appear virtually, they must file a motion and order for virtual appearance no less than 3 days prior to the setting. Virtual appearances are discretionary, such that unless an order is signed granting, the party should anticipate the in-person presence is necessary.

CRITICAL

Applies to

Agreed order

Agreed orders must be signed by all parties and attorneys, and cannot be used when a parent is unknown or absent.

An Agreed order must be signed by all the parties and attorneys. If there is an unknown parent, or an absentee parent, unfortunately, that cannot be an “agreed order.”

CRITICAL

Applies to

Witness exhibit list

Witness and exhibit lists must also be filed with the Court and are used to determine hearing time allotments.

These witness/exhibit lists must be filed with the Court and are relied upon when making decisions concerning time allotments during the hearing.

CRITICAL

Applies to

Pre trial scheduling order

A standard pre-trial scheduling order must be used.

IT IS ORDERED that a standard pre-trial scheduling order shall be utilized.

CRITICAL

Applies to

Advisement

DFPS/2Ingage must file an Advisement describing placement efforts with the Court within 24 hours of placement.

IT IS ORDERED that DFPS/2Ingage shall file a written report (hereafter "Advisement") to the Court of the attempts to achieve placement within the above region. IT IS ORDERED that this report shall be filed with the Court within the 24 hours of placement.

CRITICAL

Applies to

Advisement

For an emergency placement, caregiver, or respite-status change, DFPS/2Ingage/CPA must file an Advisement with the stated information within 24 hours after the change.

It is ordered that DFPS/2Ingage/CPA shall file an Advisement with the Court of any emergency change in placement, caregiver, or respite status within 24 hours after the change. This report shall include the following: 1) the reason for the change; 2) when the CPA/Dept/2Ingage were notified of the necessity for the change: 3) if the child will be returning to the prior placement and the date of that occurrence.

CRITICAL

Applies to

Report

After the stated three-month placement circumstances, the assigned DFPS placement worker or 2Ingage placement specialist must provide the Court a written report with the specified placement-effort information.

IT IS ORDERED that if a child has not been placed in their home county or within 150 miles of the Courthouse of their home county and is not in a relative/fictive kin or adoptive home after a period of three (3) months—DFPS placement or the 2Ingage "placement specialist" assigned to the child shall provide a written report to the Court that includes the following information: 1)

CRITICAL

Applies to

Report

The three-month placement report must identify contacted placements, the person with personal knowledge who contacted them, and their responses; email or fax attempts do not satisfy the requirement.

what placements were contacted; 2) what person with personal knowledge of the child contacted the placements; and 3) the response from the placement. Emails or fax contact attempts will not be considered as complying with this requirement.

CRITICAL

Applies to

Advisement

An advisement containing the specified consent-validity and informed-consent information must be filed with the court immediately.

**IT IS ORDERED** that an advisement shall immediately be filed with the court that includes the following information (TFC §266.0042, 264.018): The validity of the consent. Medical consent to giving a psychotropic medication is valid only if: - It is given voluntarily and without undue influence and - The consenter receives information (given verbally or in writing) describing: - The specific condition to be treated. - The beneficial effects on that condition expected from the medication. - The probable health and mental health consequences of not consenting to the medication. - The probable clinically significant side effects and risks associated with the medication. - *The generally accepted alternative medications and non-pharmacological interventions to the medication*, if any, and - The reasons for the proposed course of treatment

WARNING

Applies to

Vacation letter

Please submit your vacation letters in January and July. If you are taking vacation in January, submit that time in the previous July notice, if you are taking time in July, please submit that time in the previous January letter. While we understand that unexpected events may happen and require an absence, things such as the Family Law Conference, Holiday travel, and scheduled events should be accounted for in these letters. This court will make every effort to honor those vacation letters and not schedule your hearings during those times.

Please submit your vacation letters in January and July. If you are taking vacation in January, submit that time in the previous July notice, if you are taking time in July, please submit that time in the previous January letter. While we understand that unexpected events may happen and require an absence, things such as the Family Law Conference, Holiday travel, and scheduled events should be accounted for in these letters. This court will make every effort to honor those vacation letters and not schedule your hearings during those times.

WARNING

Applies to

Written report in lieu of appearance

Written reports in lieu of appearances are not regularly accepted, except as directed by the Texas Family Code or for good cause when an emergency need is communicated to the court and the report gives enough information to assess whether the child’s needs are being met; a standard compliance form alone is insufficient.

Unless as directed by the Texas Family Code, the Court does not take written reports in lieu of appearances on a regular basis. They are accepted for good cause when the emergency need arises, it has been expressed to the court, and the report contains the information needed to ascertain whether or not the child/children are having their needs met. A standard form stating you have met with the child and complied with the code is not enough.

WARNING

Applies to

Witness exhibit list email

The subject line of the email should say: Court Proceeding Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No. ____.

The subject line of the email should say: Court Proceeding Exhibits of (Plaintiff/Petitioner/State or Defendant/Respondent) – Cause No. ____.

WARNING

Applies to

Notice requesting child meeting

Please file a notice requesting the meeting so that the court coordinator can arrange. When filing, please include relevant information like school, therapy, or appointment conflicts.

Please file a notice requesting the meeting so that the court coordinator can arrange. When filing, please include relevant information like school, therapy, or appointment conflicts.